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Monday, May 23, 2016

Ok, so you want to fly, who doesn’t? Do you have a concealed
carry permit? Most of you know where I’m going (and it’s NOT California!). If you're
planning a trip to a regulated airport (commercial passenger service) you will
have to remember that you MUST transport your unloaded firearm in Checked
Baggage.

If you forget, plenty of folks do, and pack your firearm in
your carry-on bag, the TSA will perform their duty, discover your mistake, and
promptly notify the on-site LEO. More times than not in this country you will
be cited (charged and issued a field appearance ticket) and then the TSA will
fine you in a subsequent notification. Most folks don’t know, but the fine
(public knowledge) is $3,000.00 - $7,500.00 for your first offense, yes offense,
but the money is not really the worst of it. You could lose your concealed
carry license/permit if the local magistrates find that your actions were
intentional.

So, please pack that UN-LOADED firearm in a locked
hard-sided case; and ensure that you DECLARE the firearm to your air-carrier
when you present your checked baggage for transport (see all specific details
on TSA.GOV)

Also here is an abbreviated list of civil-enforcement fines
the TSA can impose.

Friday, May 20, 2016

Two For the Price
of One: Two Big Pro-Gun Court Cases

Getty Images

So it’s not a great week to be a “gun-grabber.” With federal courts coming down
in favor of the Second Amendment, you can just imagine that the Bloombergs of
the world are sitting at home seething. The surprising thing is that the two
biggest issues in gun rights litigation this week came from a couple of fairly
liberal federal courts: the United States Court of Appeals for the 9th Circuit
(think the likes of California), and a Washington, D.C. Federal District Court.
Let’s break down these court cases:

Tackling the 9th Circuit case we see Teixeira v.
County of Alameda. In this case a group of like-minded, gun supporting
citizens, sought to open up a gun shop in Alameda County, California. All of
these individuals qualified under the laws to open up the shop. However, left- leaning
Alameda County listened to the fear-mongering residents and denied these would
be gun shop owners – citing zoning ordinances, etc. The problem, according to
the Plaintiffs (the gun shop guys), and apparently the 9th Circuit,
was that flat-out bans on gun shops violated the Second Amendment. It turns out
that, since the Second Amendment is a “fundamental and enumerated right” that
the right to keep and bear arms does not only apply to keeping and bearing
arms, but it also applies to the ability to purchase and “acquire” arms (the
court obviously did not bar restrictions on federal and state laws regarding
the sale and purchase of firearms). Bottom line of the case: flat out bans on
gun shops merely to ban guns and the commercial sale of guns would meet a
heightened scrutiny standard or become unconstitutional and violate the Second
Amendment.

The second pro-gun case comes out of Washington, D.C. where
Federal District Court Judge Richard Leon put a stop to a D.C. law that states
an applicant must provide “good cause” to receive a firearm carry permit. The
Judge in this case apparently found the law too restrictive and put on hold the
city’s requirement.

Will Alameda County appeal to the Supreme Court of the
United States? Will D.C. kick Judge Leon’s ruling up to an appeal? Only time
will tell. In the meantime, stay tuned…

Hans Dara is a North Carolina
attorney. Whereas all efforts are taken to ensure that the information
contained in these “blogs” is accurate, nothing contained herein, or elsewhere
on this or any website, or forum where this material may be posted, shall
constitute legal advice or act to establish an attorney-client relationship.
Should you have any question regarding any specific fact, law, or situation,
you should contact a competent attorney.

Thursday, May 19, 2016

The 2nd Amendment:

‘A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.’

So much ‘to do’ over a comma! What are you talking about Pete? I’m referring to
the actual wording and grammatical structure of the 2nd Amendment to the U.S.
Constitution. Some folks would have you believe the framers of the Amendment
spoke a different language than we do today, and that sentence structure and
thought processes were/are so disparate to our time and concerns that, well, we
just don’t fully understand their meaning and having only delusions of
adequacy.

Let me throw my two cents in, I believe the founding fathers inspiration for
the Amendments were based on fear, the fear of government, of a government
exercising overarching power upon its citizens. Sound familiar? I believe that
if you read the actual wording without bias it shouldn’t be difficult to
extract (if you have to work that hard) the meaning of the authors. That said I
suggest we ask two simple questions about the Amendment-

Does anyone believe the Amendment was needed to support the right of the newly
formed State and its Militia to keep and bear Arms? Or, that its troops, during
times of peace, would have their weapons removed from them until such time as a
skirmish or a war broke out?

I don’t believe the founders were purporting a need to authorize the ‘keeping
and bearing of arms’ to its militia, but rather that the militia was not to be
‘infringed’ and that the People similarly had the ‘right’ to ‘keep and bear
Arms’!

And, so says the Supreme Court of the United States at least twice, and,
believe it or not, on May 16, 2016, so did the 9th circuit court of
appeals in California (Yes I said California) where buying and selling guns
(Arms) was unfairly scrutinized by the Mudslide, Burning, Shaking, and Smog
riddled State.

I am going to leave you with a great quip expressed by an unknown author who,
in my opinion, drop kicked the issue by countering the ludicrous criticisms of
the left by issuing his own ‘Amendment’ to education. I edited as deemed necessary
for this blogs purposes:

“A well educated school System, being necessary to the security of a free State,
the right of the people to keep and read Books, shall not be infringed.”

Does this suggest that only the school System should read books? Or, that once
they have obtained a diploma they should lock the books up until such time as
there is a need to ‘review’ the material. Or, that the general populous,
(ignorant fools that we are) shouldn’t be entrusted with written material?

No, of course not!

For those of you who know what I’m talking about, this sounds like a ‘Twilight
Zone’ episode in the making! See you next time, Peter

Thursday, May 12, 2016

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Glock 19 with Surefire XC-1 IWB Holster

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